Patna High Court
Md Najim @ NajimversusThe State of Bihar and Others
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The dismissal is set aside and Criminal Miscellaneous No. 59426 of 2025 is restored to its original file.
Summary
The petitioners, Md Najim, Rina Khatoon and Mansoor, filed an application seeking restoration of Criminal Miscellaneous No. 59426 of 2025, which had been dismissed for failure to comply with a peremptory order dated 18‑09‑2025. The State of Bihar opposed the restoration. The court examined the reasons provided in the restoration application and found them satisfactory. Consequently, the court ordered that the dismissed case be restored to its original file. Additionally, the court granted the petitioners ten days to rectify the procedural defects identified by the office.
Issues considered
- Whether the dismissal of Criminal Miscellaneous No. 59426 of 2025 for non‑compliance with a peremptory order can be set aside and the case restored.
Subjects
- restoration of criminal proceedings
- peremptory order
- procedural compliance
- criminal miscellaneous case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23444 of 2026
In
CRIMINAL MISCELLANEOUS No.59426 of 2025
Arising Out of PS. Case No.-14 Year-2022 Thana- SC/ST District- Katihar
======================================================
1. Md Najim @ Najim Ghupchu Alias Hupuchh Alias Hafuj R/o Village
Mirjadpur PS Abadpur Distt Katihar
2. Rina Khatoon Wife of Md. Mansoor Alam @ Mansoor, R/o Kajitola, P.S.-
Abadpur, District-Katihar.
3.Mansoor @ Md. Mansoor @ Mansoor Alam, Son of Late Farid, R/o
Village-Kajitola, P.S.-Abadpur, District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ratan Kumar Rai Son of Dijendra Nath Rai, R/o Village-Basantpur, P.O.-
Dasgram, P.S.-Abadpur, District-Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rana Hason, Advocate
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr.Rana Hason, learned counsel for the
petitioners and Mr.Murli Dhar, learned A.P.P. for the State.
2. This application has been filed for restoration of Cr.
Misc. No. 59426 of 2025 which stood dismissed for non-
compliance of peremptory order dated 18.09.2025.
3. For the reasons stated in the restoration application,
the prayer for restoration is allowed and Cr. Misc. No. 59426 of
2025 is restored to its original file.
4. Accordingly, the restoration application stands
allowed.
Patna High Court CR. MISC. No.23444 of 2026(2) dt.03-04-2026
2/2
5. As prayed for, further ten days time is allowed to
remove the defects, as pointed out by the office, in Cr. Misc. No.
59426 of 2025.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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